Category Archives: Taxes

Aug 09

Sales tax hike for transportation a regressive, unstable funding scheme

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In November, Coloradans will likely be voting on a scheme to raise the state sales tax to support state and local transportation projects.

Photo and copyright: Tony’s Takes – used by permission

Unfortunately, raising sales taxes would hit all the wrong people, and provide a particularly unstable revenue stream to fund this infrastructure.

It’s no secret that Colorado’s roads and bridges are a mess.  They have failed to keep pace with the state’s growth, even as maintenance has fallen behind.

You either end your weekend trip to the mountains on Sunday morning or you pack a picnic lunch for the parking lot home.  Daily commutes on I-25 come to a standstill between Colorado Springs and Castle Rock.  And driving around Denver means a permanent sinking fund for front-end alignments.

We’re in this state of affairs because the Colorado legislature has consistently failed to spend money on roads and bridges instead of other pet projects.  This year, the legislature passed Senate Bill 1 in an attempt to address the problem, but almost everyone agrees that the paltry spending past the first two years is an inadequate solution.

In response, the Metro Denver Chamber of Commerce and the Colorado Contractors Association have proposed raising the state sales tax from 2.90 percent to 3.52 percent, and authorizing up to $6 billion in bonds.  The additional revenue would be divided among state highways, local governments, and multi-modal (transit) projects. Continue reading →

Aug 06

Legal battles continue over Taxpayer Bill of Rights, hospital fees, transportation taxes

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egal battles continue over Taxpayer Bill of Rights, hospital fees, transportation taxes

FILE - Colorado State Capitol
The Colorado State Capitol in Denver, Colorado.

Shutterstock photo

On Nov. 3, 1992, Colorado voters approved a constitutional amendment which stipulates that lawmakers seeking to raise taxes or issue debt must first ask voters for permission.

Called the Taxpayer Bill of Rights, or TABOR, it took effect Dec. 31, 1992, and was designed to serve as another check against the growth of government. It requires that any increase in overall revenue from taxes not exceed the rates of inflation and population growth.

The TABOR Foundation, which was instrumental in advancing the amendment, maintains that it has been a successful measure.

Others maintain it interferes with advancing critical public spending initiatives. Sam Mamet, the executive director of the Colorado Municipal League, opposes TABOR. Mamet argued on the 25th anniversary of TABOR that “iIt is one of the most seriously damaging things the voters of the state have done to themselves in the last 25 years, in my humble opinion.”

Since its inception 26 years ago, many attempts have been made to amend, circumvent and litigate TABOR; the foundation counts at least 80 cases between 1993 and 2017.

Pfiffner said a perfect example of this is the 2015 lawsuit it filed, TABOR Foundation, et al. v. Colorado Department of Health Care Policy & Financing, et al. regarding Colorado’s “hospital provider fee,” which it argues is an unconstitutional tax.

Continue reading →

Jul 31

Colorado expected to see $1 billion in new revenue in 2019; will taxpayers get a rebate?

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FILE - Colorado State Capitol
The Colorado State Capitol in Denver, Colorado.

Shutterstock photo

The Economic and Revenue Forecast presented to the Joint Budget Committee in June showed that the state’s general fund is projected to close out fiscal 2018 with a $1.2 billion surplus.

Since Colorado’s Taxpayer’s Bill of Rights (TABOR) places a cap on annual state tax revenue the state can keep, spend or save, many wonder whether Coloradans will actually see tax refunds in 2020.

 

Continue reading →

Jul 28

High and Dry in Pasadena

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High and Dry in Pasadena

California cities game fiscal emergencies to raise taxes.

Downtown Pasadena with the city hall and the San Gabriel mountains in California.PHOTO: GETTY IMAGES

By The Editorial Board

July 27, 2018 6:41 p.m. ET

As a rare municipality with a AAA credit rating from S&P Global, Pasadena is an oasis of financial stability in California. Yet the city declared a fiscal emergency earlier this year, and the reason is a sign of the progressive times.

In 1978 and 1996, Californians approved two amendments to the state constitution to limit municipal authority to raise taxes. Among other restrictions, Prop. 13 requires the support of two-thirds of voters to raise taxes for a specific local program or project. Under Prop. 218, new taxes can be proposed only during general elections when the city council is also up for a vote.

But there’s a loophole. “In cases of emergency declared by a unanimous vote of the governing body,” Prop. 218 says, cities can ignore the timing restrictions. And California lets local leaders determine what constitutes a fiscal emergency. Under that flexible definition, cities can propose taxes whenever they want while still following the letter of Prop. 218. Continue reading →

Jul 25

Coming up next: three local tax questions

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Coming up next: three local tax questions

  • JIM SPEHAR
“Death, taxes and childbirth! There’s never a convenient time for any of them.”

— Margaret Mitchell

We’ll soon see how far we’ve come as a community…whether the public safety tax and school bond and override successes last fall marked a welcome change in attitudes or were only a temporary aberration.

County residents will likely face in November a ballot question asking if the Mesa County can exclude state grants from revenue limits in the Taxpayer’s Bill of Rights (TABOR). In Grand Junction, voters will likely get two bites at the apple — one a proposal in November to double the city’s lodging tax and another next April to increase the sales tax to fund construction and operation of a community recreation center.

Two of the three, the ones soonest on our ballots, fall easily into the category of “no-brainers” while the third, the community center proposal, will likely generate heated back and forth between now and the city election in April.

It makes no sense, all three county commissioners argued in a public session last week, for Mesa County to not be able to accept state and federal grants for infrastructure and other purposes without busting the TABOR revenue cap but to instead have to turn down such things as a $5 million award for Mind Springs. Ironically, some grants not applied for come from federal severance taxes which flow back through the state and become subject to TABOR when passed on to local governments.

Continue reading →

Jul 17

Bed tax law suit gets new life

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Bed tax law suit gets new life

DENVER — Ongoing litigation against the Colorado Department of Health Care Policy & Financing, among others, over a 2009 program that raised taxes via a “hospital provider fee,” has new energy after Cause of Action Institute announced earlier this month it would take on the representation of the plaintiffs in the case.

Cause of Action is a Washington D.C.-based 501(c)(3) organization that according to its website advocates for “economic freedom and individual opportunity advanced by honest, accountable, and limited government.”

Plaintiffs, who were originally represented by Mountain States Legal Foundation, had 60 days to find new counsel after Mountain States withdrew for reasons not related to the case or the plaintiffs.

Lee Steven and James Valvo are the lead attorneys. The Colorado-licensed attorney is Michael Francisco, who while working in the Colorado Attorney General’s office helped to write the defense of Colorado’s Taxpayer’s Bill of Rights (TABOR) in Kerr vs. Hickenlooper, which claimed TABOR was a violation of the U.S. Constitution’s guarantee of a republican form of government. That argument lost.

This case was initially filed in 2015. It asserts the state’s Hospital Provider Fee is actually a tax enacted in violation of the TABOR. Continue reading →

Jul 16

Protecting Taxpayers with Supermajority Requirements

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Protecting Taxpayers with Supermajority Requirements

Cartoon workingman reluctantly paying taxes. (Photo: AdobeStock/PPD/Adiano)

CARTOON WORKINGMAN RELUCTANTLY PAYING TAXES. (PHOTO: ADOBESTOCK/PPD/ADIANO)

The best budget rule in the United States is Colorado’s Taxpayer Bill of Rights. Known as TABOR, this provision in the state’s constitution says revenues can’t grow faster than population plus inflation. Any revenue greater than that amount must be returned to taxpayers.

Combined with the state’s requirement for a balanced budget, this means Colorado has a de facto spending cap (similar to what exists in Switzerland and Hong Kong).

The second-best budget rule is probably a requirement that tax increases can’t be imposed without a supermajority vote by the legislature.

The underlying theory is very simple. It won’t be easy for politicians to increase the burden of government spending if they can’t also raise taxes. Particularly since states generally have some form of rule requiring a balanced budget.

Basically a version of “Starve the Beast.”

Anyhow, according to the National Council of State Legislatures, 14 states have some type of supermajority requirements.

And more states are considering this reform.

Continue reading →

Jul 16

High Court decision could send internet sales taxes to Durango

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High Court decision could send internet sales taxes to Durango

New revenue would help, but not solve, city’s long-term budget deficit
By Mary Shinn City & health reporter

Sunday, July 15, 2018 7:30 PM
A U.S. Supreme Court decision on internet sales could bring the city of Durango additional sales tax revenue. But unanswered questions surround the new revenue.

JERRY McBRIDE/Durango Herald file

Continue reading →

Jul 12

Motion to return Grand Lake municipal fee funds narrowly fails

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Motion to return Grand Lake municipal fee funds narrowly fails

Lance Maggart / Sky-Hi News

Grand Lake resident Tom Weydert, who is also Grand County Assessor, addresses the Grand Lake Trustees Monday night to express his support for rescinding the municipal fee approved by the town board late last year.

Grand Lake’s contentious municipal fee, approved last fall by the town’s trustees, was back on the agenda this week as town council members discussed potentially returning the fees already levied by the town.

Monday evening the town board voted four-to-three against a motion by Trustee Tom Goodfellow to fully rescind Grand Lake’s municipal fee and to return funds already received by the town back to the citizens who paid those fees. The vote saw trustee Goodfellow voting in favor of the action along with trustees Cindy Southway and Tom Bruton. Voting against the measure were trustees Phyllis Price, Andy Murphy, Steve Kudron and Mayor Jim Peterson.

The vote came at the end of a public meeting that included public comments and significant discussion of the fee and its history over the past several months. Grand Lake area residents Greg Barnes, Tom Weydert and Mike Tompkins all addressed the board expressing their vehement opposition to the fee.

“I think the money should be returned and fairly quickly,” Barnes said. “I don’t think it is fair to begin with.”

Continue reading →

Jul 11

File This Under “How Much Is Enough?” Backers of a measure to raise taxes for education submit petition signatures

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Backers of a measure to raise taxes for education submit petition signatures

DENVER, July 11, 2018 — The backers of a proposed constitutional amendment that boosts income taxes to raise money for education today turned in signatures to the Secretary of State’s office.

The signatures for Initiative 93, as it is now called, are the first to be turned in this election season in an effort to get a measure on the Nov. 6 general election ballot. It is also the first initiative where supporters had to collect signatures in all 35 state Senate districts as required by the 2016 ballot measure “Raise the Bar.”

Initiative 93 involves a complex formula for raising income taxes among the state’s top earners.

Colorado allows citizens to put issues on the ballot after going through a process that includes reviews by staffers with the Secretary of State, the attorney general and Legislative Legal Services. These reviews do not determine the merit of the proposal, only if it meets state standards to attempt to get on the ballot. Continue reading →